Curtis v. Parker & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Cullman. Tried before the Hon. Osceola Kyle. The plaintiff, J. J. Curtis, commenced his suit by summons and complaint against The Alabama Vineyard & Winery Company, a corporation, and in aid of Ills suit had a garnishment issued and served on Parker & Co., bankers, for the purpose of subjecting certain funds deposited with garnishee alleged to be the property of the defendant.
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Appeal from the Circuit Court of Cullman. Tried before the Hon. Osceola Kyle. The plaintiff, J. J. Curtis, commenced his suit by summons and complaint against The Alabama Vineyard & Winery Company, a corporation, and in aid of Ills suit had a garnishment issued and served on Parker & Co., bankers, for the purpose of subjecting certain funds deposited with garnishee alleged to be the property of the defendant. The garnishee, answered that it was not indebted to defendant and had no funds of defendant in its possession or under its control, and was not otherwise liable to him for the payment of…
1Opinion of the CourtHaralson, J.
— 1. If there was any error in the refusal- of the court to allow the plaintiff to amend the grounds of the contest of the answer of the garnishee, it was error without injury. The garnishee had an-swerecl in writing, denying indebtedness, and the plaintiff had filed two written contests of the answer, the one. on the 5th of December, 1899, in which he stifled he believed the answer to be untrue. He did not specify in what respect the answer was untrue. On the 20th day of March, 1900, he filed another, contest on which issue was joined in which he specified grounds in which the answer was…
2Cases cited16 opinions
- National Commercial Bank v. Miller & Co.Supreme Court of Alabama · 1884
- Bienville Water Supply Co. v. City of MobileSupreme Court of Alabama · 1899
- Alabama Great Southern Railroad v. BaileySupreme Court of Alabama · 1895
- Alston v. StateSupreme Court of Alabama · 1890
- Smith v. Collins & GriffithSupreme Court of Alabama · 1891
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Louisville N. R. Co. v. ScottSupreme Court of Alabama · 1935
- National Surety Co. v. StateSupreme Court of Alabama · 1929
- Allen v. WoodruffAlabama Court of Appeals · 1911
- Creel v. KeithSupreme Court of Alabama · 1906
- First Nat. Bank of Mobile v. LartigueSupreme Court of Alabama · 1937
1 more not listed; retrieve them via the Exa API.